Supreme Court determines next phase of Victoria’s plastic bag ban on Thursday

The Supreme Court of Canada will decide whether or not it will hear the appeal

The next chapter in the saga of the plastic bag ban will be determined on Thursday morning when a Supreme Court of Canada ruling for the City of Victoria’s leave to appeal is expected to come down.

In September 2019 the city filed the leave to appeal the B.C. Court of Appeals’ decision to quash its plastic bag ban. If granted, the City can then move to the next step in the court process and schedule a hearing to appeal the decision.

If the leave to appeal is dismissed, the lower courts’ decisions stands.

RELATED: Victoria to seek leave to appeal B.C. court’s decision to quash plastic bag bylaw

The Canadian Plastic Bag Association (CPBA) claims a plastic bag ban would “significantly impact” its members who manufacture and supply bags for the Victoria market. The association began lobbying the move in January 2018.

The municipal bylaw came into effect on July 1, 2018, regulating the issuance and sale of single-use plastic bags. Businesses were instructed to instead offer paper or reusable bags for purchase, or else they would face heavy fines.

Originally, the B.C. Supreme Court ruled in favour of the bylaw but the B.C. Court of Appeal overturned the decision and sided with the CPBA in July of 2019.

RELATED: Plastic Bag Association takes the City of Victoria to court once again

The Court of Appeal determined the bylaw needed provincial approval because it was not a business regulation but an environmental regulation. The City argues this is contrary to a principle previously mentioned by the Supreme Court of Canada. That principle states that law-making and implementation are often best achieved at a level of government closest to the citizens affected and therefore most responsive to their needs and to local distinctiveness.

According to the City of Victoria, since the bylaw was introduced the community has eliminated 17 million plastic bags from waste streams, resulting in both short-term and long-term cost savings for waste management.



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Plastic Bag Ban

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

The Supreme Court of Canada will determine the fate of Victoria’s plastic bag ban on Thursday when a decision about the leave to appeal is expected to come down. (Black Press Media file photo)

Just Posted

New branch of Royal BC Museum to be built in Colwood

New faclity in the Royal Bay development will house collections, archives and research department

Victoria man plans 30-hour walk to raise funds for vulnerable youth

Take a Hike engages youth in intensive, clinical counselling and outdoor experiential learning

Saanich offers free saplings to encourage residents to spruce up for National Tree Day

Giveaway to take place Sept. 21 in Glanford Park from 10 a.m. to 1 p.m.

West Shore pool stays closed for 2020

Juan de Fuca Recreation centre swimming could return in 2021

Woman arrested for hit and run that left another vehicle in Colwood front lawn

The woman was issued a 24 hour driving prohibition and a ticket

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

POLL: Do you plan on allowing your children to go trick or treating this year?

This popular annual social time will look quite different this year due to COVID-19

Comox Valley protesters send message over old-growth logging

Event in downtown Courtenay was part of wider event on Friday

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

B.C.’s COVID-19 economic recovery plan: Top 5 things you need to know

Jobs training, tax incentives for employers to hire staff and more

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

Emaciated grizzly found dead on central B.C. coast as low salmon count sparks concern

Grizzly was found on Gwa’sala-‘Nakwaxda’xw territory in Smith Inlet, 60K north of Port Hardy

Most Read